SHAHNAWAZ TARIQ, J.---By this common order, I will dispose of Criminal Transfer Application No.S-57 of 2015 filed by applicants Ali Muhammad and others and Constitution Petition No.S-2405 of 2015 filed by petitioner Rahib.
2. Through the captioned Cr. Transfer Application, applicants have prayed to withdraw Sessions Case No.564 of 2011 titled "The State v. All Muhammad and others" vide Crime No.93 of 2011 lodged at Police Station, Khanpur Mahar pending in the Court of learned IIIrd Additional Sessions Judge, Mirpur Mathelo and assign the same to any other competent Court at Ghotki for its disposal. While in C.P. No.S-2405 of 2015, petitioner Rahib has prayed to direct the respondents No.2 SSP Ghotki and respondent No.3 SHO Police Station Khanpur Mahar to ensure the legal protection to the petitioner, his family members, landed property and residential house from the clutches of respondents Nos.4 to 10 and their companions as envisaged under the Constitution of the Islamic Republic of Pakistan, 1973, and issue directions to the learned IIIrd Additional Sessions Judge, Mirpur Mathelo to conclude the trial of Sessions case No.564 of 2011 as soon as possible, as the respondents Nos.4 to 10 are intending to again transfer the said case by leveling false allegations in order to more linger on the matter.
3. Mr. Nisar Ahmed Bhambhro, learned counsel for the applicants contended that applicant No.4 Muhbat and applicant No.8 Liaqat Ali are presently working in Railway Department at Rohri; that the applicants apprehend their lives risk at the hands of respondent No.2 Rahib and his companions as tribal dispute between the parties over free will marriage of daughter of complainant with Mushtaq Ahmed brother of applicant Barkat Ali and it is difficult for them to appear before the learned trial Court at Mirpur Mathelo; that applicants have no grievance against the Presiding Officer of the trial Court but due to the security risk subject criminal case may be transferred to the Court of Additional Sessions Judge, Ghotki for its disposal according to law.
4. While controverting the submissions made by the learned counsel for the applicants, learned counsel for the respondent No.2 vehemently contended that despite framing of charge against the applicants, the case has been transferred thrice at the requests of applicants on one or the other pretext with mala fide intention only to prolong the trial; that applicants have never moved any application to the area police or learned trial Court for any kind of alleged harassment against respondent No.2; that as and when the respondent No.2 filed connected petition before this Court for issuance of directions to the learned trial Court to expedite the trial, applicants with mala fide intention filed instant transfer application only to prolong the trial of the subject criminal case.
5. Learned APG appearing for the State adopted the arguments advanced by the learned counsel for respondent Rahib and submitted that subject criminal case is lingering on since the year, 2011 but since then, the same could not be proceeded due to its continuous transfer from one to another Court at the behest of applicants; that specific directions may be issued to the learned trial Court to dispose of the case within the stipulated period and transfer application is liable to be dismissed.
6. Learned Assistant A.G also supported arguments advanced by the learned APG and submitted that the official respondents have already filed their statements, whereby they have undertaken to provide protection to the parties as and when they will approach the concerned police, however, applicants have never moved any application to the concerned police for the protection against the respondent No.2.
7. Perusal of material available on record and consideration of arguments advanced by the learned counsel for the parties emanate that the subject criminal case has been pending since the year, 2011 and despite framing of charge against applicants no progress has been made due to continuous transfer of the case at the behest of applicants. It is significant to mention that at the first instance the subject criminal case was pending before the Court of Additional Sessions Judge, Ubauro and on the application moved by the applicants, same was transferred to the Court of Assistant Sessions Judge, Ghotki; that applicants made complaint to the learned Sessions Judge, Ghotki, against the learned Presiding Officer, whereupon on administrative grounds said case was again transferred to the Court of learned Additional Sessions Judge, Mirpur Mathelo; that as and when the respondent No.2 filed connected petition before this Court for issuance of directions to the learned trial Court to expedite the trial, applicants with mala fide intention filed instant transfer application only to prolong of the trial of the subject criminal case. Undeniably, since the year, 2011 till date, the applicants have neither moved any application to any of the trial Courts regarding issuance of threats by the respondent No.2 and his companions to them nor approached the concerned police on this specific account of threats issued by the respondent No.2.
8. Considering the above peculiar facts and circumstances of the case, it is crystal clear that the applicants have filed instant transfer application with mala fide intention only to frustrate and prolong the trial sub-judice before the learned trial Court at Mirpur Mathelo. Indeed, there is no legal embargo for transfer of any criminal case from one Court to another Court, if there is any genuine case and sound reasons are placed before the Court but it is incumbent upon the Court to examine the grounds for transfer of the case strictly and judiciously as it has become a routine practice to move such kind of application with ulterior motives only to cause the unnecessary delay in the trial, therefore, such applications based on flimsy grounds must be discouraged.
9. For the reasons and circumstance referred supra, I am of the considered view that applicants have filed instant transfer application purely with ulterior motives.
Consequently, instant Criminal Transfer Application No.S-57 of 2015 being misconceived is dismissed and simultaneously, Constitution Petition No.S-2405 of 2015 is allowed and SHO Police Station, Khanpur Mahar is directed to ensure protection to the petitioner Rahib strictly in accordance with the law. However, the learned trial Court is directed to conclude the trial within a period of two months as subject case is pertaining to the year 2011 by adopting all the coercive methods and submit such compliance report to this Court through Incharge Additional Registrar of this Court.